M. Haridasan & Ors vs State Of Kerala on 21 July, 2020

[Cites 1, Cited by 2]

National Green Tribunal

M. Haridasan & Ors vs State Of Kerala on 21 July, 2020

Bench: Adarsh Kumar Goel

Item No. 09                                                    Court No. 1

                 BEFORE THE NATIONAL GREEN TRIBUNAL
                     PRINCIPAL BENCH, NEW DELHI

                           (By Video Conferencing)


                     Original Application No. 304/2019

                       (With report dated 09.07.2020)


M. Haridasan & Ors.                                             Applicant(s)

                                    Versus

State of Kerala                                              Respondent(s)


Date of hearing: 21.07.2020


CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
       HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
       HON'BLE DR. NAGIN NANDA, EXPERT MEMBER


Respondent(s):      Ms. Soni Singh, Advocate for CPCB
                    Mr. Jogy Scaria, Advocate for KSPCB



                                    ORDER

1. The Issue for consideration is the safeguards in operation of stone quarries close to residences and public roads. At present, the Kerala State PCB has permitted the stone quarry beyond 50 mtrs. from residences and public roads.

2. The Tribunal considered the matter on 28.02.2020. Finding the distance to be inadequate, CPCB was required to consider the matter and report. It was observed:

"2. Accordingly, a report has been filed by the Kerala State PCB on 17.12.2019 retreating the distance criteria of 50 mtrs. and mentioning that no study is available with the CPCB.

3. We are of the view, as earlier observed that the distance of 50 mtrs. for stone quarry, particularly when blasts are involved, is highly inadequate and can have deleterious effect on noise and air pollution, environment and public health.

4. In view of above, we direct the CPCB to examine and lay down more stringent conditions and appropriately longer distance within one month and convey the same to the State Boards. The State Board may take further action accordingly. Compliance reports be filed before the next date by email at [email protected]."

3. Accordingly, the CPCB has filed its report on 09.07.2020 concluding as follows:

"6.0 Conclusion:

In view of available information, following minimum distance criteria may be considered for permitting stone quarrying by SPCBs:

 Mining Type             Minimum Locations
                         Distance

     A.   When         100 m

Residential/Public buildings, Inhabitedsites, Protected Blasting is locations to be considered by States.

          not involved


          When
     B.                  200 m **
          Blasting is
          involved

**Note: The regulations for danger zone (500 m) prescribed by Directorate General of Mines Safety also have to be complied compulsorily and necessary measures should be taken to minimise the impact on environment.

However, if any states is already having stringent criteria than the above for minor mineral mining (i.e. more prescribed distances than the above), the same shall be applicable."

4. In view of the above, the said criteria be followed throughout India.

The CPCB may monitor compliance.

A copy of this order be sent to the CPCB and all the State PCBs/PCCs by email for compliance. 2 The application is disposed of.

Adarsh Kumar Goel, CP S. P. Wangdi, JM Dr. Nagin Nanda, EM July 21, 2020 Original Application No. 304/2019 AK 3

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